Does Florida Pay for Pain and Suffering?
A Florida car accident can leave you gravely injured and in need of financial compensation. One common question is whether Florida pays for pain and suffering. The answer is yes, but it is important to know how these claims work and what you need to prove to receive compensation. Florida’s no-fault insurance laws play a part in whether and when you can recover pain and suffering damages.
At High Stack Law, we explain when pain and suffering is available after a car accident. If you were seriously injured, we are ready to help you seek the full measure of damages in your case.
Types of Damages in Florida
In Florida, damages are divided into two main categories: economic damages and non-economic damages.
- Economic Damages: These are quantifiable costs such as medical bills, lost wages, and property damage.
- Non-Economic Damages: These include pain and suffering, emotional distress, and loss of enjoyment of life.
In specific cases, you may also be entitled to punitive damages when the other driver’s conduct is particularly egregious.
What is Pain and Suffering?
Pain and suffering refers to the physical and emotional distress caused by an injury. This can include:
- Physical pain: The discomfort and pain experienced immediately after an accident and during the recovery process. This might include headaches, neck pain, soft tissue injury pain, and much more.
- Mental anguish: Emotional distress such as fear, anxiety, depression, and loss of enjoyment of life can affect your life in significant ways.
How is Pain and Suffering Calculated?
Unlike economic damages, pain and suffering are subjective and not easily quantifiable. Florida law allows some leeway in how these damages are substantiated. Factors considered include:
- Severity of the Injury: More severe injuries typically result in higher compensation.
- Duration of Pain: Longer-lasting pain can lead to greater compensation.
- Impacts on Daily Life: The more substantial an impact the injury has on your life the higher your likely compensation will be.
Proving Pain and Suffering Damages in Florida
Proving pain and suffering requires evidence such as medical records, testimony from medical experts, and personal accounts of the pain and emotional distress experienced. Documentation of your medical treatments, therapy sessions, and any impact on your daily life can strengthen your claim.
Your attorney can help you compile the evidence you need to place an appropriate dollar amount on your suffering.
Florida’s No-Fault Insurance and How It Affects Pain and Suffering Damages
Florida utilizes a no-fault insurance law. Florida drivers must carry insurance that covers car repairs and medical bills up to a specific amount. This is primarily designed to prevent the need for lawsuits in minor accidents. However, serious accidents lead to terrible injuries and suffering.
Florida has specific threshold requirements for pain and suffering claims. Under Florida Statute 627.737, you must meet certain criteria to collect damages. For example, in car accident cases, you must show that your injuries meet the state’s definition of a “serious injury.” This can include cases that consist of:
- Permanent and significant scarring or disfigurement
- Significant or permanent loss of an important bodily function
- Permanent injury
- Death
While many drivers may wonder whether they meet this threshold, a great many do. If you have any question about it, the best course is to speak with a Florida car accident attorney to best understand your rights to pain and suffering damages.
Seek the Pain and Suffering Damages You Are Owed
Pain and suffering damages compensate you for the emotional and physical trauma you have suffered. It can help you recover financially, mentally, and emotionally after a serious car accident.Let the motor vehicle accident attorneys at High Stack Law assist you. Contact us today for a consultation of your case.